06. Conditional Use Permit - The Villas, LLCREPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT Conditional Use Permit for an assisted living facility
MEETING DATE: April 6, 2009
BACKGROUND: The Kalispell City Planning Board met on March loth and held a public
hearing to consider a request from the Villas, LLC to construct and operate an assisted
living facility. The property is zoned RA-2, High Density Residential Apartment, which
reauires a conditional use nermit to onerate an assisted living facility within the dictrint
The property consists of a vacant lot located mid -block on the east side of Sth Avenue West
between lst Street West and 2nd Street West. The property can be legally described as lot
10, block 50, Kalispell Addition, located in Section 18, Township 28 North, Range 21 West.
Sean Conrad, with the Kalispell Planning Department, presented staff report KCU-09-3
providing details of the proposal and the staff evaluation. He noted that state law
considers these types of facilities as residential uses and that cities are prohibited from
denying permits or adding conditions that wouldn't otherwise apply to residences in
general. He added the public hearing is a forum to provide information and allow for
comment. Staff recommended approval of the conditional use permit subject to three
conditions.
During the public hearing, Mark Waatti, representing the Villas, LLC spoke in favor of the
proposal. No one else spoke either for or against the proposal and the public hearing was
closed.
A motion was made and seconded to recommend approval of the conditional use permit
subject to the three conditions listed in the staff report. The motion was unanimously
approved.
RECOMMENDATION: A motion to approve the conditional use permit would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled: March 26, 2009
c: Theresa White, Kalispell City Clerk
ly�t Webb
Interim City Manager
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: The Villas, LLC
Attn: Mark Waatti — Waatti Engineering
27 Meridian Court, Suite 117
Kalispell, MT 59901
LEGAL DESCRIPTION: Lot 10, Block 50, Kalispell Addition, located in Section 18,
Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana
ZONE: High Density Residential Apartment, RA-2
The applicant has applied to the City of Kalispell for a conditional use permit to allow an
assisted living facility serving eight or fewer elderly adults. There will typically be two staff
members on duty 24 hours a day, seven days a week. The RA-2 zoning district conditionally permits
a community residential facility for eight or fewer persons.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
March 10, 2009, held a public hearing on the application, took public comment and recommended
that the application be approved subject to certain conditions.
After reviewing the application, the record, the KPD report, and after duly considering the
matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Kalispell Planning Department Conditional Use Report #KCU-09-3 as the Council's findings
of fact, and issues and grants to the above -described real property a conditional use permit to allow
an assisted living facility serving eight or fewer elderly adults in an RA-2, High Density Residential
Apartment zoning district subject to the following conditions:
1. The proposal, including the submitted elevation drawings, will be developed in substantial
conformance with the approved site plan and the Kalispell Zoning Ordinance.
2. That all required licensing, inspections and approvals are obtained from the State Department
of Public Health, the Kalispell Fire Marshal and City Building Department.
3. That commencement of the approved activity must begin within 18 months from the date of
authorization or that a continuous good faith effort is made to bring the project to
completion.
Dated this 6th day of April, 2009.
STATE OF MONTANA
: ss
County of Flathead
Pamela B. Kennedy
Mayor
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vu tim, uay of 2,009 before me, a notary Public, personally
appeared Pamela B. Kennedy, Mayor of the City of Kalispell, known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that she executed the same on
behalf of the City of Kalispell.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
Notary Public, State of Montana
Printed Name:
Residing at Kalispell, Montana
My Commission Expires
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
PLANNING FOR. THE FUTURE
March 26, 2009
Myrt Webb, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit for an assisted living facility
Dear Myrt:
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a request from the Villas, LLC to construct and operate an assisted living facility. The
property is zoned RA-2, High Density Residential Apartment, which requires a conditional
use permit to operate an assisted living facility within the district. The property consists of
a vacant lot located mid -block on the east side of 5tn Avenue West between lst Street West
and 2nd Street West. The property can be legally described as lot 10, block 50, Kalispell
Addition, located in Section 18, Township 28 North, Range 21 West.
Sean Conrad, with the Kalispell Planning Department, presented staff report KCU-09-3
providing details of the proposal and the staff evaluation. He noted that state law
considers these types of facilities as residential uses and that cities are prohibited from
denying permits or adding conditions that wouldn't otherwise apply to residences in
general. He added the public hearing is a forum to provide information and allow for
comment. Staff recommended approval of the conditional use permit subject to three
conditions.
During the public hearing, Mark Waatti, representing the Villas, LLC spoke in favor of the
proposal. No one else spoke either for or against the proposal and the public hearing was
closed.
A motion was made and seconded to recommend approval of the conditional use permit
subject to the three conditions listed in the staff report. The motion was unanimously
approved.
Please schedule this matter for the April 6, 2009 regular City Council meeting. You may
contact this board or Sean Conrad at the Kalispell Planning Department if you have any
questions regarding this matter.
Sincerely,
Kalispell City Planning Board
Bryan H. Schutt
President
Attachments: Letter of transmittal
Staff Report #KCU-09-3 and supporting documents
Draft minutes from the 3/ 10/09 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: The Villas, LLC
Attn: Mark Waatti - Waatti Engineering
27 Meridian Court, Suite 117
Kalispell, MT 59901
EXHIBIT A
THE VILLAS, LLC ASSISTED LIVING FACILITY
KALISPELL CITY PLANNING BOARD
MARCH 10, 2009
The Kalispell City Planning Board held a public hearing on this matter at the regularly
scheduled planning board meeting on March 10, 2009. The following conditions are
recommended with approval of the conditional use permit:
1. The proposal, including the submitted elevation drawings, will be developed in
substantial conformance with the approved site plan and the Kalispell Zoning
Ordinance.
2. That all required licensing, inspections and approvals are obtained from the State
Department of Public Health, the Kalispell Fire Marshal and City Building
Department.
3. That commencement of the approved activity must begin within 18 months from the
date of authorization or that a continuous good faith effort is made to bring the project
to completion.
THE VILLAS, LLC
REQUEST FOR A CONDITIONAL USE PERMIT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-09-3
MARCH 3, 2009
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a
request for a conditional use permit to locate an assisted living facility in an RA-2, High
Density Residential Apartment, zoning district. A public hearing on this matter has been
scheduled before the planning board for March 10, 2009 beginning at 7:00 PM, in the
Kalispell City Council Chambers. The planning board will forward a recommendation to the
Kalispell City Council for final action.
BACKGROUND INFORMATION: The RA-2 zoning district conditionally permits a
community residential facility for eight or fewer persons. A community residential facility is
defined in state law, section 76-2-411, M.C.A., as a licensed assisted living facility, among
other uses.
Assisted living facilities serving eight or fewer persons fall under a special provision in the
state statutes, section 76-2-412, M.C.A., that give them a speck "residential" status.
Because of this special status no conditions may be placed on the permit that would not
otherwise apply to residences in general. Acicuuonauy, a concunonal use pernut zor assisted
living facilities cannot be denied by the governing body and the public hearing is intended
as a forum for information and public comment.
A. Petitioner: The Villas, LLC
Attn: Mark Waatti - Waatti Engineering
27 Meridian Court, Suite 117
Kalispell, MT 59901
406-755-7827
B. Size and Location: The property consists of a vacant lot located mid -block on the
east side of 5tn Avenue West between lst Street West and 2nd Street West. The
property can be legally described as lot 10, block 50, Kalispell Addition, located in
Section 18, Township 28 North, Range 21 West.
C. Summary of Request: The applicant is requesting a conditional use permit to allow
an assisted living facility serving eight or fewer elderly adults. There will typically be
2 staff on duty 24 hours a day, seven days a week. Four parking spaces will be
provided off of the alley however none of the residents will own vehicles.
The facility will have the outward appearance of a single family residence and cover
approximately 48% of the lot. The facility will be licensed by the State of Montana
Department of Public Health and Human Services. Landscaping and fencing will be
consistent with what is present in the neighborhood.
D. Existing Land Use and Zoning: The property is zoned RA-2, High Density
Residential Apartment, and is currently vacant (See Zoning Vicinity Map).
E. Adjacent Land Uses and Zoning: The immediate area is characterized by single-
family dwellings on urban sized lots ranging from historic houses to single -wide
mobile homes. Lots immediately surrounding the property are also zoned RA-2.
F. Relation to the Growth Policy: The current Kalispell City Growth Policy Map
designates this area as Urban Mixed Use, which provides the basis for the RA-2
zoning designation. This land use designation provides for zoning districts which
allow a mix of single family homes, offices, commercial and limited industrial.
G. Utilities/Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
City of Kalispell
Gas:
Northwestern Energy
Electric:
Flathead Electric Cooperative
Phone:
CenturyrTel
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
School District #5, Kalispell
EVALUATION OF THE REQUEST
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the Kalispell Zoning Ordinance.
1. Site Suitability:
a. Adequate Useable Space: The property consists of a vacant city lot, 7,100
square feet in size, located mid -block on the east side of 5th Avenue West
between 1st and 2nd Streets West. The proposed home would cover
approximately 3,400 square feet (48%) of the site and the proposed location
would comply with setbacks required in the RA-2 zoning district. There is
adequate space on the site for the proposed house, access and minimum
parking requirements.
Figure 1. The site of the assisted living facility. The view of the property on the
left is from across 5th Avenue West. The view of the property on the right is from
the alley looking towards 5th Avenue West.
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b. Adequate Access: The property can be accessed from 5+h Avenue West and
the alley immediately east of the property. Fifth Avenue West is classified as a
minor arterial road in the Kalispell Area Transportation Plan and is currently
well under allowable traffic capacity limits. Visitors will most likely access the
home from the alley located on the east side of the property.
C. Environmental Constraints: There are no obvious environmental constraints
apparent on the property. The site is level and exists in a developed
residential area of Kalispell.
2. Appropriate Design:
a. Parking Scheme: The Kalispell Zoning Ordinance Section 27.26.050(27)
requires one parking space per 2 dwelling units (or bedrooms) for assisted
living complexes. The applicant plans to accommodate four off-street parking
spaces along the alley one of which will be a handicap space. The proposed
plan meets the minimum parking requirements and the neighborhood is
expected to be able to handle any overflow parking.
b. Traffic Circulation: Two to 10 vehicle trips a day may be generated by the use
of the assisted living facility. On average two staff vehicles will be present at
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hours a day. As stated previously, staff and visitor parking will be provided
between the facility and adjacent alley. The construction of the home is not
expected to significantly alter current traffic circulation and the neighborhood
is expected to be able to handle any additional overflow parking.
C. Open Space: No specific open space requirements are required under the RA-
2 zoning district other than the required setbacks.
d. Fencing/Screening/Landscaping: The lot is currently vacant and does not
contain landscaping features or fences. However, the applicant proposes to
provide landscaping and fencing that would be consistent with what is
present in the neighborhood.
e. Signage: The applicant is not proposing any signs at this point. Any future
signs identifying the assisted living facility will need to comply with the
Kalispell Zoning Ordinance's Sign Regulations for the RA-2 zoning district.
3. Availability of Public Services/Facilities:
a. Schools: This site is within the boundaries of School District #5. No impact
is anticipated with the proposed use.
b. Parks and Recreation: There should be no significant impact on the parks
and recreation programs and facilities as a result of this use.
C. Police: Police protection will be provided by the Kalispell Police Department.
No unusual impacts or needs are anticipated from the proposed use.
3
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. The group home will need to comply with all applicable fire and
building code requirements. There is an existing fire hydrant approximately
100 feet north of the property at the intersection of 5th Avenue West and lst
Street West. The site is easily accessed in the case of a fire.
e. Water: City water will be used to serve the home. No significant impact on
water services can be anticipated as a result of this facility.
f. Sewer: Sewer service will be provided by the City of Kalispell. No significant
impacts on City sewer services can be anticipated as a result of the proposed
use.
g. Storm Water Drainage: There are currently no storm water drainage facilities
in the area. The applicant is encouraged to maintain drainage on site to
prevent storm water impacts to neighbors.
h. Solid Waste: Solid waste pick-up will be provided by the City. Refuse
enclosures will be utilized in accordance with City requirements. This project
will have no impact on current services.
i. Roads: Fifth Avenue West, a minor arterial street, is located in front of the
proposed assisted living facility. Fifth Avenue West is approximately 34 feet
wide and contains curb, gutters, boulevards and sidewalks on both sides of
the street. The assisted living facility could generate 2 to 10 vehicle trips per
day, a normal amount of traffic associated with a single family home.
Therefore, traffic impacts to the adjoining streets are expected to be minimal.
4. Neighborhood impacts: The neighborhood exists in a well -established urban
residential area and dwellings range from historic houses to single -wide mobile
homes. A variety of businesses exist two blocks north along Center Street. Impacts
to the neighborhood will be similar to those of a single family home and therefore
should be relatively insignificant.
5. Consideration of historical use patterns and recent changes: This area has
historically included residential housing. Little has changed over the years. The
provided elevation drawing of the home is compatible with the existing residential
neighborhood (see Exhibit A).
6. Effects on property values: No significant negative impacts on property values
are anticipated. As previously mentioned, the proposal is compatible with the
neighborhood, will not create any adverse impacts with regard to noise or traffic
and the use of a house as an assisted living facility will have little impact to
surrounding neighbors.
RECOMMENDATION
The staff recommends that the planning board adopt the staff report #KCU-09-3 as findings
of fact and recommend to the Kalispell City Council that the Conditional Use Permit be
approved subject to the following conditions:
4
1. The proposal, including the submitted elevation drawings, will be developed in
substantial conformance with the approved site plan and the Kalispell Zoning
Ordinance.
2. That all required licensing, inspections and approvals are obtained from the State
Department of Public Health, the Kalispell Fire Marshal and City Building
Department.
3. That commencement of the approved activity must begin within 18 months from the
date of authorization or that a continuous good faith effort is made to bring the
project to completion.
5
PLANNING FOR THE. FtTI'tJitE ONT'.AMA X -J
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
APPLICATION FOR CONDITIONAL USE PERMIT
PROPOSED USE: Assisted Living Facility
OWNER(S) OF RECORD:
Name: The Villas, LLC
Mailing Address: 27 Meridian Court, Suite 117
City/State/Zip: Kalispell, MT 59901
Phone: 406-755-8485
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: Mark Waatti - Waatti Engineering
Mailing Address: 27 Meridian Court, Suite 117
City/State/Zip: Kalispell, MT 59901 Phone: 406-755-7827
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street Sec.
Address: 119 5th Avenue West No.
Subdivision
Name: KAL
Tract
No(s),
Town - Range 1
ship No.
Lot Block
No(s). 10 No. 50
1. Zoning District and Zoning Classification in which use is proposed: c�
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2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses.
b. Dimensions and shape of lot.
C. Topographic features of lot.
d. Size(s) and location(s) of existing buildings
e. Size(s) and location(s) of proposed buildings.
f. Existing use(s) of structures and open areas.
g. Proposed use(s) of structures and open areas.
h. Existing and proposed landscaping and fencing.
1
3. On a separate sheet of paper, discuss the following topics relative to the proposed
use:
a. Traffic flow and control.
b. Access to and circulation within the property.
C. Off-street parking and loading.
d. Refuse and service areas.
e. Utilities.
f. Screening and buffering.
g. Signs, yards and other open spaces.
h. Height, bulk and location of structures.
i. Location of proposed open space uses.
j. Hours and manner of operation.
k. Noise, light, dust, odors, fumes and vibration.
4. Attach supplemental information for proposed uses that have additional
requirements (consult Planner).
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be incorrect or untrue, I understand that
any approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be present
on the property for routine monitoring and inspection during the approval and
development process.
Applicant Signature Date
3. On a separate sheet of paper, discuss the following topics relative to the
proposed use:
a. Traffic flow and control.
The proposed assisted living facility will have a minimal impact on
the traffic. Typically, there will be 2-personal on staff 24
hours/day. None of the residence will own vehicles. The building
and parking will be serviced from the alley.
b. Access to and circulation within the property.
Building and parking will be accessed from the alley. There will be
no vehicular traffic circulation throughout the property.
c. Off-street parking and loading.
Per the zoning regulations, we will provide 1-parking space per 2-
rooms. There are 8-rooms in the proposed building, so there will be
4-paved parking spaces total, with one of the spaces for handicap
use. All of the off-street parking and loading will be accessed from
the alley.
d. Refuse and service areas.
Solid wastes disposal services are provide to the property by the
City of Kalispell.
e. Utilities.
Power, phone, and cable television are available to the back of
the lot from the alley. City of Kalispell sewer is stubbed to the back
of the lot from the alley and City of Kalispell water is stubbed to the
front of the lot from 5th Avenue.
f. Screening and buffering.
Screening and buffering along the parking areas will be
accomplished with the use of trees and shrubs.
g. Signs, yards and other open spaces.
The building will cover an approximate 48% of the lot, the parking
will cover an additional 12% of the lot. The remaining lot area will
be open space yard.
h. Height, bulk and location of structures.
The proposed building will be a single story building, that has the
character and appearance of a single family residence.
i. Location of proposed open space uses.
As stated in section "g", approximately 40% of the property will be
left as open space yard area. See attached plans
Page 1 of 2
j. Hours and manner of operation.
The proposed building will operate 24 hrs/day, 7 days/week. Very
minimal traffic and activity will be present during all hours of
operation
k. Noise, light, dust, odors, fumes and vibration.
The amount of noise, light, dust, odors, fumes, and vibrations will
be minimal, similar to the same affects from a single family
residence.
Page 2 of 2
0
APPLICANT: Waatti/Assisted Living Facility
FILE NO: KCU-09-03
I, the undersigned certify that I did this date mail via First Class Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property where a conditional use permit has been
requested.
l�lCNr'fn-�u��M�
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Tract/Lot: Lot 10, Elk 50, Kalispell Addition 1
Property Owners:
The Villas, LLC
Attn: Mark Waatti
27 Meridian Court, Ste 117
Kalispell, MT 59901
AND ATTACHED LIST
The Villas, LLC Brenton & Amanda Moss Peter & Kathryn Viano Revocable Tr
Attn: Mark Waatti P.O. Box 1452 255 Rosewood Drive
27 Meridian Court, Ste 117 Columbia Falls, MT 59912 Kalispell, MT 59901
Kalispell, MT 59901
Ellen J. Cool
P.O. Box 994
Kalispell, MT 59903
Chantel & Lee Abel
Gerald & Geraldine Young
190 Kookoosint Trail
Kalispell, MT 59901
Mai N. Natividad
15492 E. Princeton Avenue
Aurora, CO 80013
Michael Hemness
146 5th Avenue West
Kalispell, MT 59901
Charles & Kathleen Vernon
2521 Mission Trail
Kalispell, MT 59901
Steven & Karlene Waltman
105 5th Avenue West
Kalispell, MT 59901
Daniel & Karen White
130 5+h Avenue West
Kalispell, MT 59901
K2C3 Residential, LLC
Christopher & Windy Vernon
441 2nd Street West
Kalispell, MT 59901
Federal National Mortgage Asso.
13455 Noel Road, Ste 600
Dallas, TX 75240
Dustin Phillips & Elisa Venezia
P.O. Box 162
Flagstaff, AZ 86002
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VICINITY MAP SCALE 1" - 150'
THE VILLAS, LLC
REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT AN 8 BED
ASSISTED LIVING FACILITY IN THE RA-2 (HIGH DENSITY RESIDENTIAL
APARTMENT) ZONING DISTRICT
PLOT DATE 2/6/09
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